Move-in handover: the Übergabeprotokoll for landlords (2026)

What is the move-in handover?

The move-in handover is the appointment at which you hand the flat over to the tenant and the two of you jointly record its condition. The result is the Übergabeprotokoll (handover inspection record) for the move-in: the written record of the starting condition – which Zählerstände (meter readings) apply, how many keys change hands, and which Mängel (defects) already exist.

The key point first: an Übergabeprotokoll at move-in is not required by law. But it is your most important piece of evidence. The Beweislast (burden of proof) for the flat's condition at handover lies with you as the landlord – and without a signed move-in protocol it is almost impossible to meet at the later move-out.

This guide focuses specifically on the handover at move-in. For the general structure and the move-out handover, see the guide Übergabeprotokoll for Landlords.

Why the move-in protocol decides the Kaution (§§ 538, 551 BGB)

At move-out, the rule is: the tenant is not liable for changes caused by contractually appropriate use – normal wear (§ 538 BGB). Light wear tracks, small scratches, or faded wall paint after years are not damage.

If you want to deduct something from the Kaution (security deposit) at move-out (§ 551 BGB), you must prove that genuine damage exists, that it goes beyond normal wear, and that it arose during the tenancy. Only the move-in protocol supplies that comparison: it proves the condition the flat was handed over in. Without it, you cannot show that a defect at move-out is new – and your claim fails on the Beweislast.

Important: Without a signed move-in protocol you carry the full burden of proof for the flat's original condition. In a dispute over the Kaution you will then regularly lose – even when the damage genuinely came from the tenant – because you cannot prove the starting condition.

Checklist: what to record at move-in

1. Date and place of the handover and the names of landlord and tenant.
2. Zählerstände for electricity, gas and water – read and noted by both sides. They are the basis for the later Nebenkostenabrechnung (annual operating-cost statement).
3. Number of keys handed over by type (flat, front door, cellar, mailbox, garage) – each type separately. This later attributes duplicate keys and lock-replacement costs.
4. Room-by-room condition: walls, floors, windows, bathroom, kitchen, fitted units.
5. Every existing Mangel listed individually and described concretely – location, type, extent. What is not noted here counts later as handed over defect-free.
6. Photos of each room and each Mangel, dated.
7. Signatures of both parties at the end.

Move-in protocol and move-out protocol – what differs

	At move-in	At move-out
Purpose	record the starting condition	establish the changes
Zählerstände	capture start values	capture end values
Mängel	note existing defects (protect the tenant)	note new damage (basis for a deduction)
Keys	document issue	check return
Evidential value	proves the initial state	proves the final state

Only both protocols together produce the comparison on which a deduction from the Kaution legally rests. The move-in protocol is the half many landlords forget – and without it the move-out proves nothing.

Common move-in mistakes

• No move-in protocol – there is then no baseline to compare move-out against.
• Zählerstände not recorded – disputes over consumption and Nebenkosten are pre-programmed.
• Mängel described too vaguely ("scratch in the living room" instead of location, size, photo).
• Key count missing – duplicate keys and lock-replacement costs cannot be attributed.
• Only one signature – a one-sided protocol has little evidential value.

With HausMaus it's simpler

HausMaus runs the move-in handover step by step. You pick the type of handover (move-in or move-out), record the Zählerstände for electricity, water and heating and the number of keys directly in the app, document the condition room by room, and capture every existing Mangel with photos. Both parties sign digitally, and the finished protocol is stored in the document vault – ready as evidence when the Kaution comes up at move-out.

See pricing – 1 % of collected rent, free for tenants →